5120:1-1-31
Detainers.

(A)
The department
of rehabilitation and correction shall have the authority to file a detainer
against an offender or otherwise cause the arrest of an offender by the
issuance of a detainer whenever there is reasonable cause to believe that such
offender has violated or is about to violate any of the terms or conditions of
his supervision or sanction and commits an overt act toward such violation.

(B)
If such offender is not within
the state of Ohio and has been placed under supervision or sanction pursuant to
the interstate compact for adult offender supervision, he shall be returned to
Ohio pursuant to such act. The Extradition of Fugitives Act shall apply when
the offender leaves the state of Ohio without lawful authority.

(1)
In the event such offender is
within the lawful custody of an Ohio law enforcement agency or facility, the
detainer shall be filed in a manner described by the policies of the department
of rehabilitation and correction and the division of parole and community
services.

(2)
In the event such
offender is not within the lawful custody of an Ohio law enforcement agency or
facility, his arrest shall be ordered by the issuance of an arrest order to the
appropriate law-enforcement agency. A detainer may be issued based on the adult
parole authority's investigation as well as risk to the community.

(D)
When any employee of the
department of rehabilitation and correction has received any information which
gives him reasonable grounds to believe that an offender has violated, or is
about to violate, any of the terms or conditions of his supervision or sanction
and commits an overt act toward such violation, such information shall
immediately be reported, in writing, to the supervising officer of the offender
with a copy to the unit supervisor, or directly to the unit supervisor, in
writing, if the information is based upon the supervising officer's own
knowledge or observations.

(1)
Immediately
upon receipt of such information by the offender's supervising officer, such
supervising officer shall consult with the unit supervisor regarding whether a
detainer should be issued or placed against such releasee. In the case of any
emergency, a detainer may be filed by the supervising officer, pending review
by the unit supervisor which shall be done at the earliest practicable time.

(2)
When a detainer is issued or
filed, the unit supervisor shall immediately send a written report of such
action to the chief of the adult parole authority, or designee, and state why
no alternative disposition was available or feasible.

(3)
In the event a detainer is not filed, the
unit supervisor shall immediately send a written report supporting such action,
providing alternative programming, to the chief of the adult parole authority
or designee, whenever the alleged violation involves a violation of state or
federal law, the action of the release has resulted in property damage or
physical injury to any persons, or the alleged violation is of a special
condition of supervision or sanction placed on the offender pursuant to rule
5120:1-1-12 of the
Administrative Code. All other alleged violations shall be reported to the
chief of the adult parole authority, or designee, pursuant to periodic
reporting requirements.

(4)
Within
ten business days following the issuance or filing of a detainer, the unit
supervisor shall file the complete violation report.

(5)
At any time after the filing of or
issuance of a detainer against an offender, the chief of the adult parole
authority, or designee, may, revoke and cancel such detainer, and take such
other action as may be deemed appropriate.

(E)
In making the decision to issue a
detainer pursuant to paragraph (D) of this rule, the unit supervisor shall
consider the following:

(1)
The type of
release for which the offender is under adult parole authority supervision;

(2)
If the offender is under post
release control (PRC) supervision, available prison sanction time must be
verified and documented in the criminal corrections information system (CCIS.)
If no prison sanction time is available, the adult parole authority unit shall
not lodge the detainer.

(3)
The
risk level, overall history of the offender, the strength and seriousness of
the allegation, proximity or danger to victims, repeated failure in
programming, and review of the violations hearing grid, (DRC 3458;)

(4)
The risk of the offender harming himself
or others and the risk to the community;

(5)
Considerations of local factors, such as
available jail space, transportation issues, targeted high crime areas, or
special projects approved by the superintendent of field services.